The Brief
What You Need to Know. No More, No Less.
What Is Discovery in a Criminal Case in Massachusetts?
Discovery is the formal process of getting the evidence against you. Here’s how it works in Massachusetts criminal cases—and why it’s critical.
In every Massachusetts criminal case, the defense has the right to receive discovery—copies of the evidence the prosecution plans to use.
This can include:
- Police reports
- Surveillance video
- 911 calls
- Witness statements
- Forensic results like fingerprints or DNA
Discovery is governed by Rule 14 of the Massachusetts Rules of Criminal Procedure. In most cases, the Commonwealth must turn over basic materials within a set timeline after arraignment. But not everything is automatic—sometimes you have to file a motion to get specific items.
I often see discovery come in late, incomplete, or missing key records. That’s why I push aggressively for full disclosure. If the government delays or fails to provide evidence, we can file a motion to compel—and in some cases, exclude the evidence altogether.
Understanding what’s in discovery (and what’s not) can make or break a defense. I don’t just wait for the file—I go after what matters.
What Is a 209A Restraining Order in Massachusetts?
A 209A order is a civil protective order in domestic abuse cases. Learn what it means and how it works in Massachusetts.
A 209A restraining order is a court order designed to protect someone from domestic violence. It can order you to stay away from a person, leave your home, and surrender any firearms.
The process starts when someone files a complaint, often leading to a temporary order issued without your knowledge. Then, within about 10 days, a full hearing is scheduled where both sides present evidence.
Even though it’s technically a civil order, violating a 209A is a crime—and it can land you in jail. The order also shows up on your CORI and can affect employment, housing, and custody.
If you’ve been served with a 209A, don’t wait until the hearing to get help. I guide clients through the process and work to get unjust orders dismissed or limited.
What Happens If the Police Don’t Read You Your Rights?
Police didn’t read you your rights? That doesn’t always mean your case gets dismissed—but it can help. Here’s how it works.
You’ve seen it on TV:
“You have the right to remain silent…”
But what happens if the police skip that in real life?
Under both federal and Massachusetts law, police are required to give Miranda warnings before a custodial interrogation—that is, questioning that takes place after you’ve been taken into custody.
When Miranda Applies
Police must read your rights if:
You’re in custody and
They want to interrogate you
If you’re not in custody—like during a traffic stop or casual street questioning—Miranda usually doesn’t apply. And if you’re in custody but the police aren’t asking questions designed to elicit an incriminating response, it may not apply either.
What Happens If They Don’t?
If the police fail to read you your rights when they’re required to, your statement could be suppressed—that means it can’t be used against you in court.
This can also apply to:
Any written confessions
Recorded interviews
Any evidence obtained because of that illegal statement (the “fruit of the poisonous tree” doctrine)
Does That Mean the Case Gets Thrown Out?
Not necessarily.
If your statement was the main piece of evidence, suppressing it might gut the prosecution’s case. But if they have other independent evidence (video, witnesses, physical evidence), the case can continue without your statement.
What Should You Do?
Don’t assume anything about your rights until you speak with a lawyer.
If you think your rights were violated, talk to an attorney immediately.
I regularly file motions to suppress statements that were taken illegally.
Even if it doesn’t dismiss your case entirely, it may significantly weaken the government’s evidence and open the door to a better outcome—or even a dismissal.
What Is the Statute of Limitations for Criminal Charges in Massachusetts?
The statute of limitations is the legal time limit for filing criminal charges. Once the period expires, the state generally can’t prosecute—no matter the facts.
In Massachusetts, the time limit depends on the charge:
- Most misdemeanors: 6 years
- Most felonies: 6 years
- Serious crimes (e.g., murder): No time limit
However, the clock can pause (or “toll”) if the accused is out of state, in hiding, or under certain other conditions. For example, if someone leaves Massachusetts after the incident, the statute may stop running until they return.
If you're facing old charges or a recent complaint about an old event, an experienced defense lawyer can examine whether the statute of limitations has expired—and move to dismiss the case if it has.
What Happens If You Miss a Court Date in Massachusetts?
Missed your court date? Learn what happens next and how to fix it before it leads to a warrant or further penalties.
Missing a court date—even by accident—can create serious problems. The judge may enter a default against you and issue a bench warrant.
What should you do?
- Contact a lawyer immediately
- File a motion to remove the default
- Prepare any supporting documents (hospital records, flight delays, etc.)
If you act fast and have a valid reason, judges are often willing to remove the default and reinstate your case. But if you ignore the problem, it gets worse:
- Your license may be suspended
- You could be arrested on a warrant
- Future bail may be denied or increased
I help clients resolve missed court dates all the time. The key is acting fast—and presenting your side professionally.